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15 U.S.C. § 15c — Actions by State attorneys general
Federal law — U.S. Code and appendices · legal_authorities
**(a) Parens patriae; monetary relief; damages; prejudgment interest**
(1) Any attorney general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity.
(2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only—
(A) whether such State or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted
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Source file: Laws/federal/codes/united-states-code/title-15/section-15c-actions-by-state-attorneys-general--1edeee6d8e.md
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Source location: Title 15, Chapter 1, § 15c; chapter-001-monopolies-and-combinations-in-restraint-of-trade.md
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**(a) Parens patriae; monetary relief; damages; prejudgment interest**
(1) Any attorney general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity.
(2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney’s fee. The court may award under this paragraph, pursuant to a motion by such State promptly made, simple interest on the total damage for the period beginning on the date of service of such State’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this paragraph for any period is just in the circumstances, the court shall consider only—
(A) whether such State or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith;
(B) whether, in the course of the action involved, such State or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or other wise providing for expeditious proceedings; and
(C) whether such State or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
**(b) Notice; exclusion election; final judgment**
(1) In any action brought under subsection (a)(1) of this section, the State attorney general shall, at such times, in such manner, and with such content as the court may direct, cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the circumstances of the case.
(2) Any person on whose behalf an action is brought under subsection (a)(1) may elect to exclude from adjudication the portion of the State claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection.
(3) The final judgment in an action under subsection (a)(1) shall be res judicata as to any claim under [section 15 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim) by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to paragraph (1) of this subsection.
**(c) Dismissal or compromise of action** An action under subsection (a)(1) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs.
**(d) Attorneys’ fees** In any action under subsection (a)—
(1) the amount of the plaintiffs’ attorney’s fee, if any, shall be determined by the court; and
(2) the court may, in its discretion, award a reasonable attorney’s fee to a prevailing defendant upon a finding that the State attorney general has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
**(b)** This Act may be cited as the “Clayton Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount of recovery; prejudgment interest** Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only—
(1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
(2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
(3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
**(b) Amount of damages pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15
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Federal law — U.S. Code and appendices · legal_authorities
In any action under [section 15c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/a/1&num=0&edition=prelim), in which there has been a determination that a defendant agreed to fix prices in violation of sections 1 to 7 of this title, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15d
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Federal law — U.S. Code and appendices · legal_authorities
Monetary relief recovered in an action under [section 15c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/a/1&num=0&edition=prelim) shall—
(1) be distributed in such manner as the district court in its discretion may authorize; or
(2) be deemed a civil penalty by the court and deposited with the State as general revenues;
subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification to State attorney general** Whenever the Attorney General of the United States has brought an action under the antitrust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws, he shall promptly give written notification thereof to such State attorney general.
**(b) Availability of files and other materials** To assist a State attorney general in evaluating the notice or in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attorney general, make available to him, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15f
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of sections 15c, 15d, 15e, and 15f of this title:
(1) The term “State attorney general” means the chief legal officer of a State, or any other person authorized by State law to bring actions under [section 15c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on—
(A) a contingency fee based on a percentage of the monetary relief awarded under this section; or
(B) any other contingency fee basis, unless the amount of the award of a reasonable attorney’s fee to a prevailing plaintiff is determined by the court under [section 15c(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c/d/1&num=0&edition=prelim).
(2) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(3) The term “natural persons” does not include proprietorships or partnerships.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15g
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Federal law — U.S. Code and appendices · legal_authorities
Sections 15c, 15d, 15e, 15f, and 15g of this title shall apply in any State, unless such State provides by law for its nonapplicability in such State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 15h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount recoverable** Notwithstanding [section 15 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim) on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to [section 4304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4304&num=0&edition=prelim) if such claim—
(1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/a&num=0&edition=prelim) for a joint venture, or for a standards development activity engaged in by a standards development organization against which such claim is made, and
(2) is filed after such notification becomes effective pursuant to [section 4305(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/c&num=0&edition=prelim).
**(b) Recovery by States** Notwithstanding [section 15c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsect
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Limitation on damages for professional review actions** — If a professional review action (as defined in [section 11151(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11151/9&num=0&edition=prelim)) of a professional review body meets all the standards specified in [section 11112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11112/a&num=0&edition=prelim), except as provided in subsection (b)—
(A) the professional review body,
(B) any person acting as a member or staff to the body,
(C) any person under a contract or other formal agreement with the body, and
(D) any person who participates with or assists the body with respect to the action,
shall not be liable in damages under any law of the United States or of any State (or political subdivision thereof) with respect to the action. The preceding sentence shall not apply to damages under any law of the United States or any State relating to the civil rights of any person or persons, including the Civil Rights Act of 1964, [42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim), et seq. and the Civil Rights Acts, [42 U.S.C. 1981](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), et seq. Nothing in this paragraph shall prevent the United States or any Attorney General of a State from bringing an action, including an action under [section 15c of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), where such an action is otherwise authorized.
(2) **Protection for those providing information to professional review b
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Federal law — U.S. Code and appendices · legal_authorities
Page 23
TITLE 15—COMMERCE AND TRADE
§ 15c
after July 7, 1955. Section 77 of act Aug. 27, 1894, was re-
pealed
by
Pub.
L.
107–273,
div.
C,
title
IV,
§§ 14102(c)(1)(A), 14103, Nov. 2, 2002, 116 Stat. 1921, 1922,
effective Nov. 2, 2002, and applicable only with respect
to cases commenced on or after Nov. 2, 2002.
AMENDMENTS
1982—Pub. L. 97–393 designated existing provisions as
subsec. (a), inserted ‘‘Except as provided in subsection
(b),’’, and added subsecs. (b) and (c).
1980—Pub. L. 96–349 inserted provisions respecting
award of prejudgment interest including considerations
for the court in determining whether an award is just
under the circumstances.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 96–349, § 4(b), Sept. 12, 1980, 94 Stat. 1157, pro-
vided that: ‘‘The amendments made by this section
[amending this section and sections 15a and 15c of this
title] shall apply only with respect to actions com-
menced after the date of the enactment of this Act
[Sept 12, 1980].’’
§ 15a. Suits by United States; amount of recovery;
prejudgment interest
Whenever the United States is hereafter in-
jured in its business or property by reason of
anything forbidden in the antitrust laws it may
sue therefor in the United States district court
for the district in which the defendant resides or
is found or has an agent, without respect to the
amount in controversy, and shall recover three-
fold the damages by it sustained and the cost of
suit. The court may award under this section,
pursuant to a motion by the United States
promptly made, simple interest on actual dam-
ages for the period beginning on the date of
service of the pleading of the United States set-
ting forth a claim under the antitrust laws and
ending
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 15c
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